British Columbia’s statutory automobile insurance is generally the primary insurance for damage to property resulting from an automobile accident. Where the damage results from the abandonment of a trailer truck’s cargo after an accident, ICBC is liable only for the costs of removing the cargo when a legal obligation is imposed upon the driver to remove the cargo. A legal obligation may not arise if an actual order to remove the cargo by a regulatory authority has not been made.
21. September 2004 0
Protrux Systems Inc. v. Insurance Corp. of British Columbia,  B.C.J. No. 1967, British Columbia Supreme Court